Owen Durfee and Melvin Durfee v. Delbert

This action was commenced by plaintiffs-respondents to foreclose a lien for work and materials filed pursuant to I.C. Title 45 Ch. 5. Defendants-appellants filed their counterclaim seeking to recover, by reason of alleged breach of warranty, monies advanced to plaintiffs in the sum of $150.00. It is undisputed that plaintiffs and defendants entered into an agreement whereby plaintiffs agreed to drill an 8-inch well on defendants' property at a place designated by them, for which plaintiffs were to be paid at the rate of $6.50 per foot for drilling and $2.50 per foot for casing; that plaintiffs commenced drilling on about April 14, 1964 and continued until May 22, 1964, at which time the well had been drilled to a depth of 270 feet. When the well had been drilled to a depth of about 30 feet defendants paid plaintiffs $150.00 to apply on the contract.